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One of the most important issues under excess insurance policies relates to when liability attaches to the excess policy. In recent years, attachment disputes have arisen with increased frequency, particularly under excess D&O insurance policies. In many large D&O cases which settle for an amount implicating multiple layers within the D&O insurance tower, the insurers raise various actual and potential coverage defenses and then seek to negotiate with the Insureds a discount off the limits of the implicated excess policies. In that situation, the primary insurer will pay some, but not all, of its limit of liability in exchange for a release from the Insureds, thereby creating a question as to whether liability then attaches to the excess policies despite the primary insurer failing to pay its entire limit.
In many large claims, all of the excess insurers potentially implicated by the large settlement will collectively agree to contribute a portion of their limit toward the settlement even though the underlying insurers have not paid their full limit. The rationale for that consensual arrangement is that it is in the mutual best interests of both the excess insurers and the Insureds to resolve those coverage issues pursuant to a compromise rather than engage in a lengthy and expensive coverage litigation or arbitration proceeding pursuant to which the insurers would pay either nothing or their full limit of liability.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."